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Part 36... again

The Court of Appeal has overturned Warren J's decision in "C v D1 & D2".

Question: was an offer headed "Offer to Settle under CPR Part 36" which was expressed to be "open for 21 days":-

a) A time-limited offer and/or

b) A Part 36 offer.

The party making the offer argued it was a time-limited Part 36 offer. Warren J agreed it was time-limited, but held a time-limited offer was not a Part 36 offer.

The Court of Appeal disagreed, construing the offer so as to be compatible with Part 36. It was a part 36 offer and, not having been withdrawn, was open for acceptance.


Comments (1) -

  • aspencer

    6/14/2011 4:27:16 PM |

    See C v D [2011] EWCA Civ 646

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